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Amicus Curiae on the official duty to investigate sexual crimes and proof standards in sexual violence

August 6, 2010

Dejusticia submitted an amicus in a motion for legal protection case filed by a women’s organization against the Attorney General’s Office, claiming the infringement of the rights of access to justice and due process of a girl allegedly abused by her father.

In the brief submitted, Dejusticia supports the claims of the plaintiffs. We argue that under the new accusatory penal system, filing charges is not merely the power of the prosecutor, but rather, under certain conditions it becomes a duty. Such a duty emerges when the prosecutor has sufficient admissible evidence to satisfy the evidentiary standards that exist in the relevant criminal process for this type of process. The document is not included, in order to preserve the privacy of the minor victim.

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